- (1.) This writ petition has been filed by the petitioner with the following prayers:- "It is, therefore, humbly prayed that Your Lordship may be pleased to accept this writ petition and may be pleased to issue writ, order or direction in the nature thereof: (1) to quash and set aside the order dated 08.07.2020 (Annexure-1) passed by respondent. (2) to direct the respondents to immediately give the appointment to the petitioner Manish Tanwar S/o Shri Tulsi Ram Tanwar on the post of Helper II.; (3) to direct to the respondents that the petitioner's appointment should be treated from the date when lesser meritorious candidates were given appointment and further petitioner be allowed consequential benefits including notional benefits and seniority from the date persons with less merit were given appointment. (4) to call for the record pertains to the matter; (5) to pass any other order which this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case in favour of the petitioner. (6) The costs of the litigation may kindly be granted to the petitioner."
(2.) Brief facts of the case are that in pursuant to the advertisement No.2/2018-19 (Annexure-2), the petitioner applied for the post of Helper Grade-II and being successful in the selection process, the petitioner was called by the respondent for document verification and the respondents vide order dated 08.07.2020 informed the petitioner that a decision has been taken by the committee constituted by the respondents that the petitioner is not found fit by the committee to appoint him on the post of Helper Grade-II, as a criminal case was registered against the petitioner in which he was acquitted by the trial Court vide order dated 20.02.2020 giving him benefit of doubt. The order passed by the respondents dated 08.07.2020 has been challenged by the petitioner in the instant writ petition.
(3.) Counsel for the petitioner submitted that a bare reading of the judgment passed by the trial Court shows that there was no evidence against the petitioner hence it is an honourable acquittal whereas the learned trial Court has wrongly mentioned as acquittal on the basis of benefit of doubt. Counsel further submits that the order passed by the respondents dated 08.07.2020 is arbitrary and has been passed without application of mind.;